Son on mend, and savoring '2nd chance'

Father charged in shooting after fight over 'heirloom' gun.

Father charged in shooting after fight over 'heirloom' gun.

August 04, 2007|TOM MOOR Tribune Staff Writer

SOUTH BEND -- Tom Baney was lying on the ground in his own blood trying to keep from passing out. He said his own father had just shot him -- and walked away. Tom Baney said he somehow found the strength to stand up, walk in his home and call police. "I thought, 'This is not my time to die,'" he said. Tom Baney was taken to the hospital for a gunshot wound to the stomach, while police arrested his 80-year-old father, Wayne Baney, at his nearby home. Almost three weeks after the shooting, Tom Baney, 47, said he's lucky to be alive. He spent two weeks in the hospital before being released last Saturday. He's hooked up to a portable suction device, and his stomach is heavily bandaged. His body hurts when he moves. But, "I feel like I have a second chance at life now," he said. "It could have been fatal. Oh yeah, I feel like I died and came back to life. That was the feeling I got. Life is too short for it to end violently." His injuries were severe enough for the St. Joseph County Metro Homicide Unit to investigate. Wayne Baney was charged with attempted murder after allegedly firing the 20-gauge shotgun July 16 outside his son's home in the 53000 block of Olive Road. Tom Baney, meanwhile, is still trying to make sense of that day. "It all happened so fast," he said. "I just couldn't believe my father had shot me." Frustration boils over Tom Baney said the incident unfolded because of an argument about a gun he said his father gave him two months earlier. The father, though, told his son he just loaned it to him and wanted it back, according to Tom Baney. Tom Baney contends the gun was a family heirloom that was given to him. "I shot my first rabbit with that rifle," he said. "It was special to me." Tom Baney said his mom told him the day of the shooting his father would kill her and him if he didn't give it back. Tom Baney said he didn't want to return it because he thought his father would use it against someone, although the father did own other guns. St. Joseph County police responded to the nearby home of Wayne Baney's in the 24600 block of Cleveland Road after the son had called them about the threats. Tom Baney said his mom told police nothing was wrong when they arrived at the house. A couple hours later, Wayne Baney reportedly walked to his son's home for the second time that afternoon and shot him. Tom Baney said the first trip resulted in a pushing match. "He was aiming for my heart," Tom Baney said. "I think I tried to grab (the gun) from him when I was shot." He said the bullet exited through his side. "My life flashed in front of my eyes and I thought, 'This is the end,'" he said. But he was able to get on the phone with authorities, who he credits for helping save his life. "They went step by step," he said. 'Mean streak' Tom Baney said his father was no angel, but he never would have guessed he would become so violent as to shoot him. "My dad always had a mean streak," he said. "My mom lived in fear for many years. He had a bad temper with my mom, and often wouldn't let her go places. I lived in fear at times as a child." But he also remembers some of the good times with his father, who taught Tom how to hunt, chop firewood and supported him financially when times got tough. "He instilled a lot of values in me like not to steal," he said. The two got along better up until the past year, when Tom Baney said his father developed dementia and often became forgetful. He believes that led to violent behavior and eventually the shooting. Moving forward Hours after he had his wound cleaned at the hospital on Friday morning, Tom Baney was out enjoying his backyard, the woods around him and talking about his future plans. A friend of his is taking care of his business, Tom Baney Lawn Care, while another friend is watching his beagle, Snoopy, while he recovers. Tom Baney named his dog Snoopy because he's a big fan of Charles Schulz, the late author of the "Peanuts" comic strip. "I can relate a lot to it," he said. "I've had an up and down life. Sometimes I feel like Charlie Brown." But Tom Baney said he hopes things are changing for the better. He would like to continue his lawn service and become a master gardener. No matter what he does, though, he'll never forget the day he was shot. He may never forgive, either. At least he's not ready to yet. "I don't want to talk to him," Tom Baney said of his father. "Maybe a few years down the road I might want to again when he's locked away with no weapon."Staff writer Tom Moor: tmoor@sbtinfo.com (574) 235-6187